IMPORTANT LEGAL NOTICE REGARDING CONTEST RULES OF DRAFTKINGS

CONTEST DESCRIPTION

DraftKings, Inc. (“DraftKings”) is pleased to announce an exciting new contest, the 2016 MLS Cup Experience (“Contest”), exclusively for DraftKings Players. The top contestant (“Winner”) will receive the following prize (hereinafter, the “Prize”):

Play in this FREE 2016 MLS Cup Experience for your shot to win: (i) VIP tickets to the 2016 MLS Cup on December 10, 2016 (ii)Pre-Game Field Experience Passes; (iii) MLS Cup VIP Swag Bag; (iv) round trip airfare transportation for two; (v) ground transportation to and from airport to hotel for two; (vi) double occupancy/standard hotel accommodations for two (2) nights check-in on December 9th and check-out on December 11th at a hotel located in the host market. (the “Prize”).

The total Approximate Retail Value of the Prize is $8,000.

Trip must be taken on dates specified by DraftKings or Prize will be forfeited. Travel and hotel accommodation restrictions apply. The Winner and his/her guest are responsible for obtaining all required travel documents, including passports, personal identification documents and visas (if applicable) prior to travel and must have no impediment to entering the country of the host city (if applicable). The Winner and his/her guest must travel together on the same itinerary. The Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes). All costs and expenses associated with Prize acceptance and use not specified herein as being provided, including but not limited to lodging accommodations, any transportation costs, luggage fees, meals, gratuities and other expenses incurred by accepting the Prize are the sole responsibility of the Winner. Prize details are at DraftKings’ and MLS’ sole discretion. Winner’s guest must be of legal age of majority in their jurisdictions of residence, unless accompanied by his/her parent or legal guardian.

In the case of a tie for the winning spot in the Contest the Winner will be the DraftKings player with the higher single-player fantasy points result for each drafted player in the lineup. For example, if DraftKings player A and DraftKings player B tied in the daily game, and Player A’s highest fantasy point scoring player was Chris Wondolowski with 22 fantasy points, and Player B’s highest fantasy point scoring player was DeMarcus Beasley with 17 fantasy points, then Player A would be judged the Winner. In the event that both teams have the same highest fantasy point scoring player, the same process will proceed down to the next highest fantasy point scoring player in each roster. In the event of two identical rosters, the DraftKings Player that submitted the winning lineup first will be deemed the Winner.

MAXIMUM NUMBER OF ENTRIES

Players are allowed one (1) entry into the Contest. Any entries received in excess of the stated maximum will be void. One (1) Winner of the Contest will win the Prize.

RULES OF PLAY

Except as otherwise stated in or modified by these Contest Rules, the Contest shall be governed by the DraftKings Terms of Use and Privacy Policy as well as the as the rules located here: http://www.draftkings.com/help/SOC.

ELIGIBILITY

Employees, officers, and directors (including immediate family members (spouse, parent, child and sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the MLS Entities (as defined below) and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers and advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win a Prize. The Contest is subject to all applicable federal, provincial, state and local laws, rules and regulations.

DraftKings players must be 18 (19+ in Alabama and Nebraska, 21+ in Massachusetts) in years of age or older and live within the United States or Canada to be eligible to participate in this Contest.

CONDITIONS ON CLAIMING PRIZE

The Winner of the Contest, in order to claim the Prize must:

Where legal, the finalists and Winner must consent to the use of his/her name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of the Contest in a form reasonably directed by the organizers of the Contest or other representatives of DraftKings;

Wear patches, attire, and/or promotional items as DraftKings may reasonably direct, and otherwise act as a brand ambassador for DraftKings;

Refrain from acting as a brand ambassador, or in any way promoting or endorsing any third party whose core business is offering daily real-money fantasy sports contests;

At all times conduct him/herself in a professional manner, and shall not be involved in any conduct or activity that may bring the Winner into disrepute, or harm the finalist or Winner’s name or reputation; and

Execute other documents as DraftKings and/or the MLS Entities (as defined below) may reasonably request (hereinafter, collectively, the “Requirements”).
In the event the Winner of the Prize is not able to meet the Requirements for claiming the Prize, such finalist or Winner shall not be entitled to the Prize, or any other prize, compensation or monetary value whatsoever, and DraftKings will have no further obligation to the Winner, as applicable. The player explicitly agrees that by entering the Contest, the sole prize for becoming a finalist in the Contest is the Prize. The Winner of the Prize must be able to fulfill the Requirements. The Winner’s failure to fulfill the Requirements shall constitute a disclaimer by the Winner of the Prize and any other prize, compensation, or monetary value of any nature whatsoever associated with or otherwise related to the Contest.

HOTEL ACCOMMODATIONS

Once hotel accommodations have been confirmed, no changes will be allowed except by DraftKings or its designees. Hotel accommodations are subject to additional restrictions and requirements as set forth in the hotel agreement between of the hotel designated by DraftKings. All incidentals not mentioned within the Prize details, including, without limitation, luggage fees, service charges or facility charges, personal charges, room services, minibar, incidentals, entertainment, damage to hotel room, security fees, gratuities, taxes or other expenses, are the sole responsibility of the Winner and his/her guest.

AIRFARE

MLS Entities is responsible for two (2) round-trip coach class airfare (if needed) for the Winner and his/her guest traveling from the airport closest to Winner’s home to game selected from list above. Winner and his/her guest shall be responsible for coordinating and booking their own transportation to and from the airport, transfers, and similar. DraftKings and MLS Entities shall have no responsibility or liability for Winner’s and/or guest’s transportation, transfers, and similar except for providing the outlined above.

INCIDENTAL EXPENSES

All other expenses and incidental travel costs not expressly stated in the Contest Rules, including but not limited to, travel costs, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, luggage fees, service charges or facility charges, personal charges, damage to hotel room, security fees, gratuities, taxes or other expenses, including any transportation not mentioned within such Prize description, including without limitation, transportation to and from airports and flights, are the sole responsibility of the Winner and his/her guest. The Winner and his/her guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that DraftKings and MLS Entities have not and will not obtain or provide travel insurance or any other form of insurance.

CONDUCT

The Winner and his/her guest must follow all instructions of DraftKings or its designees relative to the Prize and any element thereof, in addition to the Requirements. In the event the Winner or his/her guest engages in behavior that, as determined by DraftKings in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, DraftKings reserves the right to terminate the Prize or other applicable experience early, in whole or in part, and send the Winner and his/her guest home with no further compensation. In such event, the Winner may also be required to reimburse the DraftKings for the ARV of the Prize.

EFFECT OF CONTEST RULES ON TERMS OF USE

The Terms of Use on the DraftKings Website shall apply to the Contest and to these Contest Rules, and are hereby incorporated herein by reference. These Contest Rules are intended to be a supplement to the Terms of Use, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Terms of Use. To the extent the any provision of these Contest Rules conflicts with any provision in the Terms of Use, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Terms of Use unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Terms of Use shall these Contest rules to be deemed to replace or nullify any provision contained in the Terms of Use.

EFFECT OF CONTEST RULES ON PRIVACY POLICY

The Privacy Policy on the DraftKings Website (https://www.draftkings.com/help/privacy/us) shall apply to any data collected in connection with the Contest. These Contest Rules are intended to be separate from the Privacy Policy, and should not be determined to be a substitute or replacement for, or otherwise render inapplicable, the Privacy Policy. To the extent the any provision of these Contest Rules conflicts with any provision in the Privacy Policy, the provision contained in these Contest Rules shall apply, and the provision contained in these Contest Rules shall be deemed to supersede the conflicting provision contained in the Privacy Policy unless otherwise stated herein. In no way other than a provision of these Contest Rules that explicitly conflicts with a provision in the Privacy Policy shall these Contest rules to be deemed to replace or nullify any provision contained in the Privacy Policy.

INDEMNIFICATION AND LIMITATION OF LIABILITY

The indemnification and limitation of liability provisions contained in the Terms of Use shall be deemed to include your participation in the Contest and by entering the Contest you agree (a) that the MLS Entities shall be included in the definitions of “Company Entities and Individuals” and “Released Parties” as used in the Terms of Use, and (b) to be bound, in addition to all other terms and conditions as described and contained herein and in the Terms of Use, by the provisions thereof.

The “MLS Entities” shall mean Major League Soccer, L.L.C. (“MLS”), Soccer United Marketing, LLC (“SUM”), the MLS clubs (“MLS Clubs”), and each of their parent, subsidiary, affiliated and related entities, any entity which, now or in the future, controls, is controlled by, or is under common control with MLS, SUM or the MLS Clubs and operators, owners, officers, directors, elected officials, affiliates, members, shareholders, agents, representatives and employees of the foregoing entities.

MARKETING DISCLAIMER

By entering the Contest, each players agrees to receive communications from DraftKings and/or the MLS Entities, subject to opting out when a DraftKings Player so desires. Players’ information will not be shared or sold to any outside party.

CONSENT OF USE

Each player who enters the Contest hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the editing, modification, replication, publication and/or other use of the names, likenesses, photographs, voices, entries and the like of the player in any medium, whether now known or hereafter developed, and in any and all advertising, promotions, and other publicity conducted by DraftKings and/or the MLS Entities. Notwithstanding the generality of the foregoing, each player further assigns any and all rights he or she may have over his or her entry to DraftKings and/or the MLS Entities without further authorization, compensation or remuneration of any kind.

MISCELLANEOUS

As used herein, a “Force Majeure” event shall mean the interruption of or material interference with DraftKings’ ability to grant to the Winner the Prize by any cause or occurrence not within DraftKings’ reasonable control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, hurricane, terrorist threat or activity, public health emergency (e.g., SARS), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), or any federal, state or local government law, order or regulation, or order of any court. In the event of a Force Majeure, DraftKings may reschedule the Contest, or may cancel the Contest altogether.

MLS game, event, and exhibition dates and times are determined in the sole discretion of MLS and the MLS Club, as applicable, and may be subject to change. Exact seat locations will be determined by DraftKings. The terms and conditions of the tickets awarded as prizes will govern in the event a game, event or exhibition is not played due to a Force Majeure. Winner and his/her guest agree to comply with all applicable stadium regulations in connection with the Prize. MLS Club and MLS reserve the right to remove or deny entry to Winner and/or his/her guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at any MLS game, event or exhibition. MLS Entities will not be responsible for a Force Majeure, work stoppage or any other event that may cause the cancellation or postponement of any MLS game, event or exhibition.

DraftKings reserves the right to alter these Contest Rules at any time in DraftKings’ sole discretion upon reasonable notice to you; provided however that any change in the Prize shall be made prior to the beginning of the Contest.

By participating in the Contest, the player agrees to be bound by the terms of these Contest Rules, and the Terms of Use, and hereby agrees to disclose all applicable information to DraftKings, such information subject to the Privacy Policy.

This Contest is operated by DraftKings and is in no way sponsored or administered by any of the MLS Entities. By entering you release the MLS Entities from any and all claims regarding this Contest. Any questions, comments or complaints regarding the Contest shall be directed to DraftKings and not to any of the MLS Entities.

MLS, MLS Club and SUM trademarks, service marks and copyrights are the property of MLS. All rights reserved.